SALES AND NOTICES 3149

(2) Where the parties purport to sell specific goods, and the goods,
without the knowledge of the seller, have perished in part or have wholly
or in a material part so deteriorated in quality as to be substantially
changed in character, the buyer may, at his option, treat the sale:

(a) As avoided; or

(b) As transferring the property in all of the existing goods, or in so
much thereof as have not deteriorated, and as binding the buyer to pay
the full agreed price if the sale was indivisible, or -to pay the agreed price
for the goods in which the property passes if the sale was divisible.

An. Code, 1924, sec. 29. 1912, sec. 29. 1910, ch. 346, sec. 26 (p. 274).

26. (1) Where there is a contract to sell specific goods, and subse-
quently, but before the risk passes to the buyer, without any fault on the
part of the seller or the buyer, the goods wholly perish, the contract is
thereby avoided.

(2) Where there is a contract to sell specific goods, and subsequently,
but before the risk passes to the buyer, without any fault of the seller or
the buyer, part of the goods perish, or the whole or a material part of the
goods so deteriorate in quality as to be substantially changed in character,
the buyer may, at his option treat the contract:

(a) As avoided; or

(b) As binding the seller to transfer the property in all of the exist-
ing goods or in so much thereof as have not deteriorated, and as binding
the buyer to pay the full agreed price if the contract was indivisible, or
to pay the agreed price for so much of the goods as the seller, by the
buyer's option, is bound to transfer if the contract was divisible.
See notes to sec. 36.

An. Code, 1924, sec. 30. 1912, sec. 30. 1910, ch. 346, sec. 27 (p. 275).

27. (1) The price may be fixed by the contract, or may be left to be
fixed in such manner as may be agreed, or it may be determined by the
course of dealing between the parties.

(2) The price may be made payable in any personal property.

(3) Where transferring or promising to transfer any interest in real
estate constitutes the whole or part of the consideration for transferring
or for promising to transfer the property in goods, this sub-title shall not
apply.

(4) Where the price is not determined in accordance with the fore-
going provisions, the buyer must pay a reasonable price. What is a rea-
sonable price is a question of fact dependent on the circumstances of each
particular case.

An. Code, 1924, sec. 31. 1912, Sec. 31. 1910, ch. 346, sec. 28 (p. 275).

28. (1) Where there is a contract to sell or a sale of goods at a price
or on terms to be fixed by a third person, and such third person, without
fault of the seller or the buyer, can not or does not fix the price or terms,
the contract or the sale is thereby avoided; but if the goods or any part
thereof have been delivered to and appropriated by the buyer, he must pay
a reasonable price therefor.

(2) Where such third person is prevented from fixing the price or
terms by fault of the seller or the buyer, the party not in fault may have
such remedies against the party in fault as are allowed by chapters 4 and
5 of this sub-title.